Get free answers to your Real Estate Law legal questions from lawyers in your area.
I received a letter from the city requesting an easement of approximately 800 square feet at one corner of my property to install a water line. The city requires a response by next Tuesday. There is a stone wall in the area that might be affected, and they have only mentioned what they consider the... View More 
I’m dealing with a difficult situation involving P.H.H Mortgage, which I was transferred to from my original VA loan provider. I had an approved loan modification, but P.H.H Mortgage claims I'm behind due to a mistaken identity on a property tax lien, which I have disproven. I’ve filed a... View More
I am one of four co-owners of a property, and we would like to partition it to create two new separate property titles along existing tax lot lines. All co-owners are in agreement, and there are no existing agreements, restrictions, liens, or mortgages on the property. Our intention is to establish... View More
I own a triplex in Gresham, OR, with two tenants. One tenant, currently on a month-to-month lease, will be signing a new lease with a roommate. We've agreed on the rent and security deposit, but I want to specify that the washer, dryer, dishwasher, and blinds are provided "as-is" due... View More
answered on Mar 7, 2025
The general rule is that a landlord has no obligation to provide appliances to a tenant. But if they do, they are obligated to maintain the appliances throughout the term of the rental agreement. Presumably a dwelling rents for more with appliances than without so part of a tenant's rent is... View More
I lived in a property in Oregon from 2014 until its demolition in 2022, without proper water or sewage facilities. I did not have a written lease agreement, but in 2015, I received a handwritten eviction notice which I did not accept. After the demolition, I received correspondence billing me for... View More
I had my vehicle and travel trailer stored on a friend's property in Dorena, Oregon, where I was paying storage fees, but I didn't have a formal written agreement. My friend has passed away, and the property is now in escrow. I wasn't given any notice to remove my belongings. I have... View More
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answered on Feb 14, 2025
I'm sorry for the loss of your friend. You should be able to use self-help to retrieve your vehicle and trailer if you can do so peacefully. You should find out who is currently in charge of the security of the property--if it's in probate, the personal representative. It could very well... View More
Does the spouse of a grantor of a deed that states "tenancy in common with right of survivorship" have any claim to the property after the grantor dies if one of the co-owners (a grantee) of the property is still living? This is in a non-community state. Does that make the spouse of the... View More
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answered on Jan 12, 2025
The surviving tenant in common will be the owner in fee if what you state is accurate. That tenant in common will be a grantee, not a grantor. The grantors' interest were extinguished by the deed conveyance, so the spouse of a grantor is irrelevant. Hire an OR attorney to search the title.
I am primary caregiver for my grandfather, and have a PoA for him. I am taking over all aspects of his finances, to include taxes. I would like to add my name to the property title, both because I am living with him and to make it easier to access and pay the property taxes, as well as to secure... View More
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answered on Jan 10, 2025
You are in a fiduciary relationship, so a conveyance to you might be set aside. Hire an attorney to talk to GF and see if he is competent enough to convey a life estate/ remainder deed or some other estate. Just using the POA to convey to yourself could be very bad later on.
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answered on Jan 10, 2025
The requirement to reinvest proceeds from selling your house after divorce depends on your divorce agreement and local tax laws. If there's no specific clause in your divorce settlement requiring reinvestment, you generally have freedom to use the money as you choose.
From a tax... View More
Mom passed last year. I am the trustee, and need to do repairs to the house, prior to its sale, for a buyer to qualify for a mortgage. I need to get a loan, and lender wants my name on the deed. My brother is a beneficiary, so the house needs to stay in the trust. I need to know what wording to use... View More
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answered on Aug 19, 2024
You must hire an OR to draft that Deed.
I am in the process of executing a purchase agreement for a rural property that is accessed by (but does not abut) a county "public access road." The county owns the road but does not maintain the road. They state that the area residents are responsible for maintaining the road. There... View More
answered on Jun 4, 2024
An Oregon attorney could advise best, but your question remains open for a week. It could be difficult to offer a simple and direct answer to your question. There are no guarantees, and anyone who is injured is probably going to name all possible parties who have association with the road, either... View More
sole beneficiary. Please advise. Thanks, Lillian
answered on May 25, 2024
If the property is in your husband’s name only you will probably need to file a probate to clear title to the property.
answered on Apr 23, 2024
A Last Will and Testament only controls assets that need to go through probate after the testator's death. This means that any assets that were given away, sold or that had a joint owner or beneficiary named are not controlled by the Will. If the person signed a Deed that was recorded before... View More
My father passed in 2022, no will as I am the only living child. My aunt owned the house in the ,80s and my dad bought it in the early 90s. She and her ex husbands names were still on the deed. They paid some of the past taxes and now are claiming it is their house.
What can I do?
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answered on Apr 16, 2024
I'm sorry to hear about your father's passing and the difficult situation with your aunt. Here are some steps you can take to address this issue:
1. Gather documentation: Collect any paperwork that proves your father purchased the house from your aunt in the early 1990s, such as a... View More
The area where the person was recording was NOT visible from anywhere in view or even by air (think thick grove of trees). The person being filmed was clear about not being recorded. No crime of any kind was being committed by the landowner. The person filming was trespassing after being told not... View More
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answered on Feb 24, 2024
In Oregon, recording someone without their consent in a private place where they have a reasonable expectation of privacy is generally illegal. If you explicitly told the person not to record you on your property and they proceeded to do so anyway, their actions may constitute a violation of your... View More
I supplied a lump sum of money to put down on a house and asked my children to provide the loan, as I am disabled and do not qualify for a loan. They agreed and we all live in the home together. Myself and my children are all on the title together, but I am not on the loan with them. One of my... View More
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answered on Feb 13, 2024
If you have an estate as a tenant in common, then all TICs have the same rights of possession. You cannot be legally ousted by the other TICs. If they physically remove you, then you might have them arrested for a crime, and sue them for rent.
answered on Dec 25, 2023
Yes, if separately given. A Power of Attorney expires the moment the person it is for expires. It automatically terminates at the moment of death.
Also landlord sent me a letter stating I left things ɓehind. I have witnesses. How should I dispute this.
answered on Dec 13, 2023
If you dispute the amount taken from your deposit, you are free to sue the landlord for twice the amount wrongfully withheld
You can do this in small claims court if it totals less than $10,000 or in regular circuit court for any amount though you likely want an attorney for that.
I rent a space for $1050 per month for my business and my lease lasts 5 years. I found a better space I want to move to. I need to break my lease to move to a new location
answered on Nov 6, 2023
Sure a tenant can break a commercial lease - but they will continue to owe the rent until the sooner of either the lease expires by its own terms or a new tenant takes over renting the space (presumably for at least as much rent). If you can bring a new, replacement tenant, that might solve the... View More
Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?
answered on Oct 17, 2023
The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it... View More
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